Birth Certificate - Name Change Bill | Birth Certificate | Veto

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13 ThUl1Cilmember David Grosso
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A BILL
17 IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
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20 To amend the Vital Records Act of 1981 to require the Registrar to issue a new certificate of
21 birth designating a new gender for any individual who provides a written request and
22 signed affidavit from a licensed health-care provider that the individual has undergone a
23 gender transition, to require that an original certificate be sealed when a new certificate of
24 birth is issued, and to amend section 16-2501 ofthe District of Columbia Official Code to
25 exempt an individual from the publication notification requirement for a name change
26 that is requested in conjunction with a request to change the individual's gender
27 designation.
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29 BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
30 act may be cited as the "JaParker Deoni Jones Birth Certificate Equality Amendment Act of
31 2013".
32 Sec. 2. The Vital Records Act of 1981, effective October 8, 1981 (D.C. Law 4-34; D.C.
33 Official Code § 7-210 et seq.), is amended as follows:
(a) Section 18 (D.C. Official Code §7-217) is amended by adding a new subsection (d-l)
2 to read as follows:
3 "(d-1)(1) Beginning upon the effective date ofthe Birth Certificate Equality Amendment
4 Act of2013, as introduced on February 18, 2013 (D.C. the Registrar shall issue a new
5 certificate of birth that reflects the new gender designation of an individual born in the District
6 upon receipt of:
7 "(A) A written request, signed under penalty oflaw, for a new certificate
8 ofbirth from the individual or the individual's:
9 "(i) Parent;
10 "(ii) Guardian; or
11 "(iii) Legal representative; and
12 "(B) A statement, signed under the penalty oflaw, by a health-care
13 provider licensed in the District of Columbia who has treated or evaluated the individual stating
14 that the individual has undergone surgical, hormonal, or other medically appropriate treatment for
15 a gender transition; or
16 "(C) Upon the request of an individual whose certificate ofbirth has been
17 amended pursuant to section 18( d).
18 "(2) A new certificate ofbirth that is issued in accordance with this subsection:
19 "(A) Shall be substituted for the original birth certificate;
20 "(B) Shall not be marked "amended" or on its face show that a
21 change in gender has been made.
"(C) Shall not be marked "amended" or on its face show that a
2 change in name has been made, if a change in name is requested in conjunction with a request to
3 change the individual's gender.
4 "(3) The original certificate ofbirth, along with any documents submitted
5 pursuant to this subsection, shall be sealed and made available only upon the demand of the
6 individual to whom the new certificate ofbirth was issued or an order ofthe Court.".
7 Sec.3. Section 16-2502 ofthe District of Columbia Official Code is amended as follows:
8 (a) Designate the existing text as subsection (a).
9 (b) The newly designated subsection (a) is amended by striking the phrase "prior to" and
10 inserting the phrase "Except as provided in subsection (b) ofthis section, prior to" in its place
11 and by striking the phrase "shall be published once a week for three consecutive weeks in a
12 newspaper in general circulation published in the District" and inserting the phrase "shall be
13 published by the District on the Internet for three weeks" in its place.
14 (c) A new subsection (b) is added to read as follows:
15 "(b) An individual who seeks a change in gender designation pursuant to section 18 shall
16 be exempt from the publication requirement of subsection (a) of this section and shall be entitled
17 to a hearing in Superior Court upon the filing of an application pursuant to D. C. Official Code
18 §16-2501.".
19 Sec.4. Fiscal impact statement.
20 The Council adopts the fiscal impact statement in the committee report as the fiscal
21 impact statement required by section 602(c)(3) ofthe District of Columbia Home Rule Act,
22 approved December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(3)).
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24 Sec. 5. Effective date.
This act shall take effect following approval by the Mayor (or in the event of veto by the
2 Mayor, action by the Council to override the veto), a 30-day period of Congressional review as
3 provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December
4 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of
5 Columbia Register.

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